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(영문) 광주지방법원 2013.06.14 2013고단1493
병역법위반
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. The Defendant is one of the public interest service personnel working at the Gwangju Northern-gu B Resident Center from October 10, 201.

The Defendant, from April 9, 2012 to April 20, 2012, was absent from service due to the Defendant’s failure to attend the above community service center for nine days without justifiable grounds.

2. On September 25, 2012, the Defendant is a public duty personnel who is liable for military service, and on September 25, 2012, the Defendant did not move to the move-in report within 14 days without justifiable grounds while moving to the place of residence from Dongdaemun-gu Seoul Metropolitan Government as a mutual dis

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accuser;

1. A written accusation;

1. A written statement on the escape from service and a written investigation on escape from service;

1. Accusation against a person who fails to report his residence;

1. Application of Acts and subordinate statutes to resident registration cards and written confirmation of missing;

1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal Facts (the point of escape from service), Articles 84 (2), 69 (1) (the point of non-compliance with notification of personal movement, the selection of fines) of the Military Service Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) there is no previous conviction in sentencing under Article 334(1) of the Criminal Procedure Act; (b) there are circumstances that consider the circumstances leading up to the secession of the service in this case; and (c) there are good faith efforts to work as a public interest.

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